The most recent installment of TBA's Indigent Representation Primer is now available. The post looks at the right to counsel for indigent parties in criminal cases, including factors that courts may consider in determining to appoint an attorney for a defendant. Read more about Tennessee's system of indigent defense and see past primer posts here.

Atlanta lawyer Ollie M. Harton died May 5. A Tennessee-licensed attorney and TBA member, Harton earned his law degree from the University of Memphis Cecil C. Humphreys School of Law and a master of laws from Emory University School of Law. He started his career as a judicial law clerk in the Tennessee Court of Appeals and served as a trial lawyer in the Tennessee Attorney General's Office. Harton joined Hawkins Parnell & Young in Atlanta 1988 and served there as a long-time shareholder. At the firm, Harton was key in expanding the footprint beyond Georgia and turning the Toxic Tort Litigation Group into a national presence. He personally tried over 90 toxic tort cases nationwide and was a giant in the defense of asbestos litigation. The firm has more on his career.

The Tennessee Supreme Court has suspended Sumner County lawyer Jocelyn Doria Mims from the practice of law until further order of the court. The court took the action after Mims was adjudged guilty of two felony counts of tampering with evidence, one count of making false report, and three counts of Intentional failure to report child sexual abuse. The matter has been referred to the Board of Professional Responsibility to determine the extent of final discipline to be imposed.

The Tennessee Supreme Court temporarily suspended Hamilton County lawyer Patrick Bryant Hawley yesterday after finding that he poses a threat of substantial harm to the public. Hawley is immediately precluded from accepting any new cases, and must cease representing existing clients by Dec. 26. Previous reporting indicated that Hawley had been charged with s several federal crimes, including sexual exploitation of children and possession and distribution of child pornography.

The Tennessee Supreme Court has agreed to hear a case looking at whether judges improperly sealed files critical of Davidson County Criminal Court Judge Cheryl Blackburn’s performance on the bench. The Nashville Banner, which is bringing the suit, says that defense attorneys and prosecutors have long been concerned about Blackburn’s performance following a stroke she had in 2021. According to the Banner, Blackburn stumbled over her words, misspoke and appeared to fall asleep multiple times during a recent case. When the news outlet attempted to unseal a motion allegedly making specific claims about Blackburn’s competency, the motion was denied. The Tennessee Court of Appeals later narrowly upheld that ruling. The high court now will consider the request. The Reporters Committee for Freedom of the Press, the Tennessee Association of Broadcasters, the Tennessee Coalition for Open Government and the Tennessee Press Association have filed a brief supporting the Banner’s motion to unseal the documents.

Wayne County General Sessions & Juvenile Court Judge James Y. Ross received the Sharon G. Lee Award of Excellence at the 2024 Annual Tennessee Municipal Court Judges Conference. Ross was elected as Wayne County general sessions and Clifton city judge in 1998. He also has served as Collinwood city judge since 2000. Prior to joining the bench, Ross served as Wayne County Attorney for 10 years and as a solo practitioner. The award, named for former Supreme Court Justice Sharon Lee, recognizes a judge who has made a significant contribution to the Municipal Judges Conference. The Administrative Office of the Courts has more on Ross’ career.

The Administrative Office of the Courts regularly highlights judges who have a compelling life story or career path. A recent profile of 21st District Circuit Court Judge David Veile looks at the long but persistent journey Veile took to pursue his dream of becoming a Tennessee judge. Veile was elected in August to fill the seat of retired Judge Michael Binkley after applying several times for appointments to the bench. “I think I may hold the title of most nominated. I’m four out of four for nominations and the least appointed with zero out of four,” he says. Veile’s prior experience as a Metro Nashville Police Officer and criminal defense lawyer gives him perspective on both sides of cases. With two months on the job, Veile says he feels a different level of responsibility and is embracing the preparation needed for cases, calling it his “absolute dream job.”

The TBA Criminal Justice Section will host its annual forum on Dec. 5 with a focus on exploring how lawyers can ethically and effectively manage media relations in high-profile cases. Based on personal experience and real-world scenarios, News Channel 5 reporter Nick Beres — along with former reporter turned lawyer Amy Mohan, criminal defense expert David Raybin and communications expert Eric Kowalczyk — will detail the balance between protecting a client's legal interests and shaping the public narrative. The session will address avoiding common pitfalls, complying with ethical obligations and utilizing communication strategies to safeguard both legal outcomes and clients' reputations. Learn more and register here. Criminal Justice Section members enjoy a discounted rate. Not a section member yet? Join here.

Some 30 lawyers have had their credentials misused to fraudulently secure trademark protections, a growing problem facing the U.S. Patent and Trademark Office (PTO), Bloomberg Law reports. Scammers have faked application materials, misused attorney credentials or used social engineering to hijack applicants’ accounts to file fraudulent applications. According to the Government Accountability Office (GAO), more than a third of the 2.8 million trademark applications received by the PTO may be false or inaccurate. The GAO advised the PTO to more regularly assess fraud risk of the trademark register while improving its data systems for stronger risk management. The PTO is encouraging lawyers to help spread the word about these scams.

Aspiring lawyers consistently have given law schools high marks over the past two decades, with about 80% rating their experience as either “good” or “excellent.” This year’s Law School Survey of Student Engagement is no different, according to Reuters. The survey also revealed that satisfaction rates among students of color remained consistently lower than among white counterparts. The survey found that 84% of white students rated their overall law school experience as good or excellent, whereas just 67% of Black students and 77% of Latino students gave similar high ratings. The survey, conducted by Indiana University's Center for Postsecondary Research, marked its 20th edition this year with a look back at how student diversity, debt loads, career plans and satisfaction levels have changed — or not — over the years.